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GOP lawyer: Maps violate Constitution

Posted: Wednesday, January 07, 2004

By Associated Press

ATLANTA - The lawyer for Republicans challenging Georgia's state and congressional political districts argued Tuesday that Democrats violated the U.S. Constitution when they drew maps more than two years ago.

Frank Strickland, arguing before a three-judge panel in federal court, said majority Democrats crammed as many voters as possible into heavily Republican districts while spreading out Democrats over as many districts as possible - violating the Constitution's ''one person-one vote'' provision.

''The deviation simply can't be explained by anything other than the partisan objectives of the Democratic Party,'' said Strickland, the state Republican Party's former general counsel and a longtime GOP activist.

The results of the federal case, expected to continue at least through Friday, could radically alter the nature of Georgia's 2004 elections and throw this year's General Assembly session, which begins next week, into chaos.

Attorneys for the state argued that legislative Republicans refused to take part in the redistricting process - eyeing a possible lawsuit - and that the Democrats who worked on the map naturally got better districts.

''Those who are voting for the plan tend to get a little more of what they want,'' said attorney David Walbert.

The so-called Larios case - after plaintiff Sara Larios - is one of pending cases in which Republicans have challenged the state's maps.

Another suit, challenging state Senate maps on the basis of racial discrimination, has been heard by the Supreme Court and sent back to a lower court, where it awaits consideration.

During the 2001 redistricting, Democrats controlled both the state House and Senate. Republicans in both chambers complained that maps for both chambers, and Congress, were drawn to give the majority party an advantage.

In 2002, Democratic majorities were elected to both chambers using the maps. Democratic gains in Congress were not as dramatic as predicted, although two new districts added because of population increases both went to Democrats.

But Sonny Perdue became the first Republican elected governor of Georgia since Reconstruction and soon convinced four Democratic senators to switch parties, giving Republicans an edge in that chamber.

Since then, they have pushed to redraw the maps, only to be foiled by the Democrat-controlled House.

The federal judges have no deadline to return a ruling in the case, but court officials say they are mindful of the state's summer primaries and hope to rule before then.